Victorian Current Acts

BUILDING ACT 1993 - SECT 25AE

    (1)     A building permit is suspended on and from the day on which—

        (a)     if the builder named in the building permit is a building practitioner, the building practitioner's registration as a building practitioner is suspended or cancelled; or

        (b)     if the builder named in the building permit is an architect, the architect's registration as an architect is suspended or cancelled under the Architects Act 1991 ; or

S. 25AE(1)(ba) inserted by No. 26/2019 s. 117.

        (ba)     if the builder named in the building permit is an endorsed building engineer—

              (i)     the endorsed building engineer's registration as a professional engineer is suspended or cancelled under the Professional Engineers Registration Act 2019 ; or

              (ii)     the endorsed building engineer's endorsement to act as a registered professional engineer who is authorised to engage in the building industry is suspended or cancelled under the Professional Engineers Registration Act 2019 ; or

        (c)     the builder named in the building permit—

              (i)     dies; or

              (ii)     is imprisoned for an offence; or

S. 25AE(1)(c)(iii) amended by No. 13/2019 s. 221(Sch. 1 item 5.1).

              (iii)     has become a represented person within the meaning of the Guardianship and Administration Act 2019 ; or

S. 25AE(1)(d) substituted by No. 46/2018 s. 36.

        (d)     if the builder named on the building permit is the owner of land to which the building permit relates, the owner ceases to own the land; or

        (e)     the builder named in the building permit has ceased to be engaged to carry out the building work to which the permit relates .

S. 25AE(2) amended by No. 40/2021 s. 8.

    (2)     A building permit ceases to be suspended under this section on the day on which a builder who complies with the relevant requirements of sections 24A and 24B is named as the builder in the building permit.

    (3)     A building permit is of no effect under this Act during the period that it is suspended under this section.

S. 25B inserted by No. 66/2004 s. 7, amended by Nos 33/2010 s. 5, 34/2013 s. 19(3), 15/2016 s. 27(2) (ILA s. 39B(1)).